SC to pass interim orders in Pegasus case

  • The Supreme Court on Monday decided to pass interim orders after the government refused to respond, through a detailed” affidavit, to allegations that it used Israeli based Pegasus software to spy on citizens.

  • (CJI) N.V. Ramana and Justices Surya Kant and Hima Kohli said there cannot be any beating around the bush” on the issue.

  • The Solicitor General Tushar Mehta on behalf of the government said such an affidavit in the top court would be too public and compromise national security.

  • CJI Ramana also said that” We are not interested in matters concerning national security. Our only concern, in the face of allegations made by petitioners about use of some software against citizens is, knowing whether any government agency has used any method of interception other than in accordance with law.”


HPC contended that dacoity, robbery not covered for interim bail

  • The HPC was constituted last year on the direction of the Supreme Court to decongest jails during the COVID-19 pandemic, and has clarified that offences like dacoity, robbery and kidnapping for ransom are not covered under its criteria for granting interim bail to prisoners.

  • The object was only to release some of the prisoners, and not all the prisoners, on a reasonable classification arrived at on the basis of orders passed by the Supreme Court, intending to implement the same in letter and spirit.

  • However, it reiterated that those inmates whose cases are not covered in the criteria laid down by this committee can still file application seeking bail before the court concerned which, if filed, may be considered by the courts on merits


HC seeks status report on protection of witnesses in Tihar custodial death case

  • The Delhi High Court called for a status report from the prison authority on the steps taken to ensure safety and security of witnesses in the alleged murder of gangster Ankit Gujjar inside Tihar jail.

  • Justice Mukta Gupta directed (CBI) that all witnesses be kept in a cell monitored by CCTV.

  • The High Court also sought the medical report of two witnesses who were allegedly not receiving proper treatment in spite of suffering “grievous injuries” in the same incident of assault.

Nizamuddin centre can’t be kept locked forever: HC

  • The case registered in relation to the alleged violation of COVID19 protocols at Nizamuddin Markaz (centre) — where the Tablighi Jamaat congregation was held in March last year amid COVID19 pandemic.

  • Justice Mukta Gupta, who was hearing the Delhi Waqf Board’s plea to reopen the centre which has remained shut since March 31 last year, questioned the Centre as to how long it intended to keep the Nizamuddin centre locked, saying it can’t be “kept forever”.

  • Justice Mukta Gupta also said that “some persons were in possession of the property. Due to the pandemic, an FIR was registered… and you take possession as case property. It has to be handed over. It can’t be that the property is kept forever subject to court orders”

Delhi riots: police to file separate charge sheets after court objection

  • Additional Sessions Judge Vinod Yadav had asked the police why five incidents of alleged rioting, theft, and arson which took place at three different blocks C, D, and E of Delhi’s Bhajanpura area on different dates were clubbed in a single FIR and charge sheet.


T.N. Assembly passes Bill against NEET

  • The Tamil Nadu Assembly on Monday passed a Bill seeking to ‘dispense’ with the requirement for candidates to qualify in the National Eligibility cum Entrance Test (NEET) for admission to undergraduate medical courses in the State.

  • The Tamil Nadu Admission to Undergraduate Medical Degree Courses Bill, 2021, further sought to provide admission to these courses on the basis of the marks obtained in the qualifying examination [Class XII marks in Tamil Nadu] through “normalization methods”, as done before 2017

  • Chief Minister M.K. Stalin, contended that admission to medical courses was traceable to entry 25 of List III, Schedule VII of the Constitution, and the State was “competent to regulate” the same for the underprivileged social groups.

  • It argued that NEET was against the equality clause enshrined in the Constitution.

Have you vaccinated the homeless: HC

  • The Bombay High Court on Monday asked the Maharashtra government to file an affidavit on COVID-19 immunization for mentally ill, homeless people.

  • Referring to the affidavit filed by the State, the court said, “The affidavit is silent on the number of mentally ill people who were homeless, without legal guardians and not in a position to give their consent for vaccination. Such people posed a greater risk of spreading the virus.”

  • The Bench added, “Every citizen, no matter in which condition, needs to be taken care of by the State.”

NCLT can’t allow tweaks in a successful resolution plan: SC

  • The Supreme Court on Monday held that the National Company Law Tribunal (NCLT) cannot permit withdrawals or modifications of a successful resolution plan, once it has been submitted to it after due compliance with the procedural requirements and timelines, solely at the behest of the resolution applicant.

  • The Bench also stated that “Since the 330 days outer limit of the Corporate Insolvency Resolution Proceedings (CIRP) under Section 12 (3) of the IBC, including judicial proceedings, can be extended only in exceptional circumstances, this open-ended process for further negotiations or a withdrawal, would have a deleterious impact on the corporate debtor, its creditors, and the economy at large as the liquidation value depletes with the passage of time.”


‘Don’t let judicial delays fail IBC’: SC

  • The Supreme Court on Monday held that judicial delay should not be a reason leading to the failure of the Insolvency and Bankruptcy Code (IBC) regime like the way it did in the days before the Code came into existence.

  • A Bench of Justices D.Y. Chandrachud and M.R. Shah urged the National Company Law Tribunal (NCLT) and the National Company Appellate Law Tribunal (NCLAT) to be sensitive to the effect of such delays on the insolvency resolution process and be cognizant that adjournments hamper the efficacy of the judicial process.”

SC calls for reforms in grounds for divorce

  • The Supreme Court said the legislature has so far been reluctant to introduce “irretrievable breakdown of marriage” as a ground for divorce because marriage is considered “sacramental” and is supposed to be an “eternal union of two people” under the Hindu law.

  • The judgment came in a case in which the wife left on the wedding day itself. The court said that she had gone on to initiate complaints and allegations against her estranged spouse. “This conduct shows disintegration of marital unity and thus disintegration of the marriage. In fact, there was no initial integration itself which would allow disintegration afterwards,”

  • The court dissolved the marriage on both the grounds of irretrievable breakdown of marriage and cruelty.


Malaysian PM signs key pact with opposition MPs

  • Prime Minister Ismail Sabri Yaakob signed an unprecedented cooperation pact in Parliament with the main Opposition bloc led by Anwar Ibrahim, in a move to prevent any bid to undermine his rule ahead of general elections due in two years.

  • The “political stability and transformation” pact will give Mr. Ismail the backing of 88 lawmakers in Anwar’s bloc, in addition to 114 that support him in the 222 member house.

  • The pact came after Mr. Ismail last week offered reforms, including new laws to prevent party defections and limiting the Prime Minister’s tenure to 10 years.

  • He also pledged to immediately lower the minimum voting age from 21 to 18, ensure bipartisan agreement on any new Bill and get opposition input on the country’s economic recovery

India, U.S. to tie up on green energy

  • The United States is to collaborate with India to work towards installing 450 GW of renewable energy by 2030. 

  • Currently, India’s installed power capacity is projected to be 476 GW by 2021-22, and is expected to rise to at least 817 GW by 2030.

  • The launch of the Climate Action and Finance Mobilization Dialogue (CAFMD) was one of the main tracks of the U.S.-India

  • Agenda 2030 Partnership that President Joe Biden and Prime Minister Narendra Modi announced at the Leaders Summit on Climate in April 2021. Mr. Kerry said Monday’s dialogue would serve as a “powerful avenue” for U.S.-India collaboration, and would be based on the following three pillars.

    • The “Climate action pillar” which would have joint proposals looking at ways in which emissions could be reduced in the next decade.

    • Setting out a roadmap to achieving the 450GW in transportation, buildings and industry. 

    • The ''Finance Pillar” would involve collaborating on attracting finance to deploy 450 GW of renewable energy and demonstrate at scale clean energy technologies.

Extracted & Compiled by- Adv. Rajat Gupta, Advocate- Delhi High Court

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